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1988 Supreme(SC) 114

SUPREME COURT OF INDIA
E.S.Venkataramiah : K.N.Singh : N.D.Ojha
T.S.Vasudavan Nair
Versus
Director Of Vikram Sarabhai Space Centre And Another
Case No. : 730 of 1988
Date of Decision : 2/8/88

Headnote:

Employment and service – Appeal against conviction - Court have heard learned counsel for parties - In special facts and circumstances of this case court feel that appellant should not have been denied employment on sole ground that he had not disclosed that during emergency he had been convicted under Defense of India Rules for having shouted slogans on one occasion – Held, Respondents shall issue order of appointment to appellant within three months appointing him as a Lower Division Clerk if he is not otherwise disqualified with effect from the date on which he assumes duty - It is open to respondents to employ appellant at any place of their choice - Appeal is disposed of

(1) SPECIAL leave granted.

(2) WE have heard learned counsel for the parties. In the special facts and circumstances of this case we feel that the appellant should not have been denied the employment on the sole ground that he had not disclosed that during emergency he had been convicted under the Defence of India Rules for having shouted slogans on one occasion. We, therefore, set aside the judgment of the High court and also the order dated 1/08/1983 cancelling the offer of appointment. The respondents shall issue the order of appointment to the appellant within three months appointing him as a Lower Division Clerk, if he is not otherwise disqualified, with effect from the date on which he assumes duty. It is open to the respondents to employ the appellant at any place of their choice. The appeal is disposed of accordingly.

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